The plaintiff's decedent, age thirty-seven, went to the defendant hospital in October 2003 with complaints of radiating chest pain. After waiting ninety minutes, he was seen by the emergency medicine physician. There was a normal EKG test. Acid reflux was diagnosed and the decedent was discharged. Twelve days later the decedent was nauseated. His wife called the emergency room and a nurse instructed her to have the decedent take Mylanta. Within minutes the decedent was unresponsive. Emergency medical services were called, but the man died of ischemic heart disease. The plaintiff claimed that a stress test or a repeat EKG should have been performed. The plaintiff also claimed that the decedent's wife should have been instructed to bring him to the hospital when she called later. The plaintiff argued that the decedent had a coronary lesion which was treatable.

The emergency medicine physician claimed that nitroglycerin had been administered in the emergency room without any relief, but that the decedent had improved after administration of a GI cocktail. The decedent was discharged while pain-free. The hospital claimed that, at the time of the phone call, it was reasonable to suspect a gastrointestinal condition based on the description of his symptoms. The hospital also claimed that regardless of how the call was handled, the results would not have been different.

According to a report, the jury assessed fault sixty percent to the emergency medicine physician, twenty percent to the hospital and twenty percent to the decedent. A gross verdict of $1,920,816 was returned. Post-trial motions by the defendant were denied and an appeal was pending.

With permission from Medical Malpractice Verdicts, Settlements & Experts; Lewis Laska, Editor, 901 Church St., Nashville, TN 37203-3411, 1-800-298-6288.